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2019 (7) TMI 1817 - HC - Money LaunderingMaintainability of application before sessions court - concurrent jurisdiction of High Court as well as Sessions Court to entertain the application filed under Section 438 of Cr.P.C. - HELD THAT:- On perusal of the judgment in MUBARIK AND ORS. VERSUS STATE OF UTTARAKHAND AND ORS. [2018 (11) TMI 1847 - UTTARAKHAND HIGH COURT], which has clearly dealt with question of concurrent jurisdiction of High Court and Sessions Court under Section 438 of Cr.P.C. and answered it, it appears that law is well settled that if a party chooses to move such application directly before the High Court, that has to be entertained directly since he can not be compelled to invoke the jurisdiction of Sessions Court first and then come to the High Court as it would amount to limiting his right and liberty under the Constitution of India. It is very clear that the High Court and the Sessions Court have concurrent jurisdiction and no person can be restrained to move application before the High Court under Section 438 of Cr.P.C. directly, therefore, it is held that the application filed by the applicants in all three cases are maintainable. The applications are admitted for hearing.
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